Judge won't kick decision in Smollett case to another judge

Updated
3:44 pm EDT, Friday, May 17, 2019

FILE - In this May 20, 2016 file photo, actor and singer Jussie Smollett attends the "Empire" FYC Event in Los Angeles. The Fox network says "Empire" will be back next year for one last season. Whether Smollett is part of it remains to be seen, Fox executives said in announcing the 2019-20 season. There is an option to have Smollett in the final sixth year but there is no plan to include him at this point, Fox Entertainment CEO Charlie Collier told a teleconference Monday, May 13, 2019. (Richard Shotwell/Invision/AP, File) less

FILE - In this May 20, 2016 file photo, actor and singer Jussie Smollett attends the "Empire" FYC Event in Los Angeles. The Fox network says "Empire" will be back next year for one last season. Whether Smollett ... more

Photo: Richard Shotwell, Richard Shotwell/Invision/AP

Photo: Richard Shotwell, Richard Shotwell/Invision/AP

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FILE - In this May 20, 2016 file photo, actor and singer Jussie Smollett attends the "Empire" FYC Event in Los Angeles. The Fox network says "Empire" will be back next year for one last season. Whether Smollett is part of it remains to be seen, Fox executives said in announcing the 2019-20 season. There is an option to have Smollett in the final sixth year but there is no plan to include him at this point, Fox Entertainment CEO Charlie Collier told a teleconference Monday, May 13, 2019. (Richard Shotwell/Invision/AP, File) less

FILE - In this May 20, 2016 file photo, actor and singer Jussie Smollett attends the "Empire" FYC Event in Los Angeles. The Fox network says "Empire" will be back next year for one last season. Whether Smollett ... more

Photo: Richard Shotwell, Richard Shotwell/Invision/AP

Judge won't kick decision in Smollett case to another judge

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CHICAGO (AP) — A judge has rejected a request to have a judge outside Chicago consider whether to appoint a special prosecutor in the Jussie Smollett case.

Judge Michael Toomin said Friday he's not swayed by claims that it would be a conflict for Cook County judges to make the decision. Sheila O'Brien, a former appellate judge, wants a special prosecutor to investigate why charges were dropped against the "Empire" actor.

Smollett was accused of falsely reporting what police say was a staged racist and anti-gay attack on himself in January in Chicago. The charges were dropped in March.

Toomin set a May 31 hearing on the special prosecutor request. O'Brien said she might ask the Illinois Supreme Court to intervene.

Separately, Cook County Inspector General Patrick Blanchard is investigating how Smollett's case was handled.